Neutral Citation No. - 2025:AHC:80152 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2795 of 2025 Applicant :- Awadhesh Kumar @ Indrajeet Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhilasha Singh,Raghvendra Singh Counsel for Opposite Party :- G.A.,Shekhar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pushpendra Singh, holding brief of Sri Raghvendra Singh, learned counsel for the applicant and Sri Ramesh Kumar Singh, holding brief of Sri Shekhar Singh, learned counsel for the informant as well as Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 394 of 2024, under Sections 137(2), 87, 65(1), 351(2) of BNS and Sections 3/4(2) of POCSO Act, Police Station Khandauli, District Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 15 years, on 02.12.2024 at about 6 a.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with the applicant to marry but could not marry as she was minor aged about 16 years and had returned to her house and stated that she does not want to marry the applicant. The victim has not raised any allegation of rape against the applicant. The victim has refused her medical examination also. As per High School Certificate, date of birth of the victim is 01.01.2009, as such she was marginally less than 16 years. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 12.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor and the act of the applicant comes within the degree of prohibited relationship, as such he ought not to have married the victim. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that the victim is a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Awadhesh Kumar @ Indrajeet , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad